- (1.) The appellants-accused Yunus Khan and Hakim Khan, have challenged the impugned judgment of the learned Additional Sessions Judge, Fast Track No. 2 Pali dated 22.06.2005 in Sessions Case No. 09/2005 arising out of FIR No. 181/2003, P.S. Siriyari (Pali) by which they were convicted for committing offences punishable under Sections 364/34, 397/34, 302/34, 201 and 120B IPC and sentenced them as under: All the sentences were ordered to run concurrently. The brief facts of the case are that on 25.12.2003, Nandlal PW-16, SHO, PS Siriyari received a telephonic message that at the boarder of Aangdosh, the jeep holders murdered a woman and after throwing her dead body, ran away. After recording this information in Rojnamcha as Ex. P/27, PW-16 Nandlal reached to the place of incident with police force where he saw a dead body of a woman lying in damaged condition. PW-19 Dhanna Ram submitted a report (Ex. P/22) on spot to him (PW-16, Nandlal) with effect that on 25.12.2013, at 11.00 a.m., his wife Dhaku Devi went to her parental house situated at Village Radawas for some domestic work with assurance that she will return in the evening at about 5.00 p.m. At about 6.00 p.m., when he was at his well (farm), his daughter Kanya came to him and told that about 1/2 km. Away from the village towards Radawas, jeep holders killed one lady and thrown the body there. When his wife did not return, he went to the spot and found that dead body of his wife was lying there. The blood was oozing from her mouth. Her head was crushed and there were numerous injuries on her right thigh and whole body. From the perusal of the dead body, it was apparent that the jeep holders murdered her by hitting from the jeep. Her odhna was found 200 meters away towards Radawas. While going, she was wearing Timaniya and Kanthi apart from other golden and silver ornaments, out of which Timaniya and Kanthi were missing.
(2.) The report was disclosing the offences punishable under Sections 302, 394 and 201 IPC, therefore, PW-16 Nandlal sent the report Ex. P/22, through Constable Ganpat Singh to P.S. Siriyari for registering the FIR and started the investigation. The FIR No. 181/2003 for the offences punishable under Sections 302, 394 and 201 IPC was registered at P.S. Siriyari (Pali) and after registering the FIR, the same was returned to PW-16 Nandlal, SHO through the same police personnel, i.e. Ganpat Singh.
(3.) After due investigation, the police submitted charge-sheet against the appellants Hakim Khan and Yunus Khan for the offences punishable under Sections 302, 394, 201, 364 and 120B IPC before the learned Judicial Magistrate, Marwar Junction (Pali). The learned Magistrate, after complying the provisions envisaged under Section 207 Cr.P.C., since the matter was exclusively triable by the Sessions Judge, committed the same as per the provisions of Section 209 Cr.P.C. to the Court of Sessions Judge, Pali who thereafter transferred the matter to the Court of learned Additional Sessions Judge, Fast Track, No. 1, Pali for hearing.;